Bill Text: MI SB0192 | 2017-2018 | 99th Legislature | Engrossed

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Bill Title: Occupations; security guards; citation to security guard laws in Michigan vehicle code; revise. Amends secs. 208c & 698 of 1949 PA 300 (MCL 257.208c & 257.698).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2017-03-29 - Referred To Committee On Regulatory Reform [SB0192 Detail]

Download: Michigan-2017-SB0192-Engrossed.html

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SB-0192, As Passed Senate, March 29, 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 192

 

 

February 23, 2017, Introduced by Senator BOOHER and referred to the Committee on Regulatory Reform.

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 208c and 698 (MCL 257.208c and 257.698),

 

section 208c as amended by 2008 PA 539 and section 698 as amended

 

by 2016 PA 161.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 208c. (1) Except as provided in this section and in

 

section 232, personal information in a record maintained under this

 

act shall not be disclosed, unless the person requesting the

 

information furnishes proof of identity satisfactory to the

 

secretary of state and certifies that the personal information

 

requested will be used for a permissible purpose identified in this

 

section or in section 232. However, highly restricted personal

 

information shall be used and disclosed only as expressly permitted

 

in section 307 or as otherwise expressly provided by law.

 

     (2) Personal information in a record maintained under this act

 

shall be disclosed by the secretary of state if required to carry

 

out the purposes of federal law or federal regulations.

 

     (3) Personal information in a record maintained under this act

 

may be disclosed by the secretary of state as follows:

 

     (a) For use by a federal, state, or local governmental agency,

 

including a court or law enforcement agency, in carrying out the

 

agency's functions, or by a private person or entity acting on

 

behalf of a governmental agency in carrying out the agency's

 

functions.

 

     (b) For use in connection with matters of motor vehicle and

 

driver safety or auto theft; motor vehicle emissions; motor vehicle

 

product alterations, recalls, or advisories; performance monitoring

 

of motor vehicles; motor vehicle market research activities,

 

including survey research; and the removal of nonowner records from

 

the original records of motor vehicle manufacturers.

 

     (c) For use in the normal course of business by a legitimate

 

business, including the agents, employees, and contractors of the

 

business, but only to verify the accuracy of personal information

 

submitted by an individual to the business or its agents,

 

employees, or contractors, and if the information as so submitted

 

is no longer correct, to obtain the correct information, for the

 

sole purpose of preventing fraud by pursuing legal remedies

 

against, or recovering on a debt against, the individual.

 

     (d) For use in connection with a civil, criminal,

 

administrative, or arbitration proceeding in a federal, state, or

local court or governmental agency or before a self-regulatory

 

body, including use for service of process, investigation in

 

anticipation of litigation, and the execution or enforcement of

 

judgments and orders, or pursuant to an order of a federal, state,

 

or local court, an administrative agency, or a self-regulatory

 

body.

 

     (e) For use in legitimate research activities and in preparing

 

statistical reports for commercial, scholarly, or academic purposes

 

by a bona fide research organization, if the personal information

 

is not published, redisclosed, or used to contact individuals.

 

     (f) For use by an insurer or insurance support organization,

 

or by a self-insured entity, or its agents, employees, or

 

contractors, in connection with claims investigating activity,

 

antifraud activity, rating, or underwriting.

 

     (g) For use in providing notice to the owner of an abandoned,

 

towed, or impounded vehicle or for use by the custodian of a

 

vehicle that is considered an abandoned vehicle as defined in

 

sections 252a, 252b, and 252d.

 

     (h) For use either by a any of the following for a purpose

 

permitted under this section:

 

     (i) A private detective or private investigator that is

 

licensed under the professional investigator licensure act, 1965 PA

 

285, MCL 338.821 to 338.851. , or by a

 

     (ii) A private security guard agency or alarm system

 

contractor that is licensed under the private security business and

 

security alarm act, 1968 PA 330, MCL 338.1051 to 338.1083. , only

 

for a purpose permitted under this section.

     (iii) A security guard agency that is licensed under article

 

14A of the occupational code, 1980 PA 299, MCL 339.1421 to

 

339.1443.

 

     (iv) A system provider that is registered under the security

 

alarm systems act, 2012 PA 580, MCL 338.2181 to 338.2187.

 

     (i) For use by an employer, or the employer's agent or

 

insurer, to obtain or verify information relating either to the

 

holder of a commercial driver license that is required under

 

federal law or to the holder of a chauffeur's license that is

 

required under chapter 3.

 

     (j) For use by a car rental business, or its employees,

 

agents, contractors, or service firms, for the purpose of making

 

rental decisions.

 

     (k) For use in connection with the operation of private toll

 

transportation facilities.

 

     (l) For use by a news medium in the preparation and

 

dissemination of a report related in part or in whole to the

 

operation of a motor vehicle or public safety. "News medium"

 

includes a newspaper, a magazine or periodical published at regular

 

intervals, a news service, a broadcast network, a television

 

station, a radio station, a cablecaster, or an entity employed by

 

any of the foregoing.

 

     (m) For any use by an individual requesting information

 

pertaining to himself or herself or requesting in writing that the

 

secretary of state provide information pertaining to himself or

 

herself to the individual's designee. A request for disclosure to a

 

designee, however, may be submitted only by the individual.

     (4) Medical and disability information in a record maintained

 

under this act may be used and disclosed for purposes of subsection

 

(3)(a), (d), or (m).

 

     Sec. 698. (1) A motor vehicle may be equipped with not more

 

than 2 side cowl or fender lamps that shall emit an amber or white

 

light without glare.

 

     (2) A motor vehicle may be equipped with not more than 1

 

running board courtesy lamp on each side that shall emit a white or

 

amber light without glare.

 

     (3) Backing lights of red, amber, or white may be mounted on

 

the rear of a motor vehicle if the switch controlling the light is

 

so arranged that the light may be turned on only if the vehicle is

 

in reverse gear. The backing lights when unlighted shall be covered

 

or otherwise arranged so as not to reflect objectionable glare in

 

the eyes of an operator of a vehicle approaching from the rear.

 

     (4) Unless both covered and unlit, a vehicle operated on the

 

highways of this state shall not be equipped with a lamp or a part

 

designed to be a reflector unless expressly required or permitted

 

by this chapter or that meets the standards prescribed in 49 CFR

 

571.108. A lamp or a part designed to be a reflector, if visible

 

from the front, shall display or reflect a white or amber light; if

 

visible from either side, shall display or reflect an amber or red

 

light; and if visible from the rear, shall display or reflect a red

 

light, except as otherwise provided by law.

 

     (5) The use or possession of flashing, oscillating, or

 

rotating lights of any color is prohibited except as otherwise

 

provided by law, or under the following circumstances:

     (a) A police vehicle shall be equipped with flashing,

 

rotating, or oscillating red or blue lights, for use in the

 

performance of police duties.

 

     (b) A fire vehicle or ambulance available for public use or

 

for use of the United States, the state, or any unit of the state,

 

whether publicly or privately owned, shall be equipped with

 

flashing, rotating, or oscillating red lights and used as required

 

for safety.

 

     (c) An authorized emergency vehicle may be equipped with

 

flashing, rotating, or oscillating red lights for use when

 

responding to an emergency call if when in use the flashing,

 

rotating, or oscillating red lights are mounted on the roof section

 

of the vehicle, either as a permanent installation or by means of

 

suction cups or magnets and are clearly visible in a 360-degree arc

 

from a distance of 500 feet when in use. A person operating lights

 

under this subdivision at any time other than when responding to an

 

emergency call is guilty of a misdemeanor.

 

     (d) Flashing, rotating, or oscillating amber or green lights,

 

placed in a position as to be visible throughout an arc of 360

 

degrees, shall be used by a state, county, or municipal vehicle

 

engaged in the removal of ice, snow, or other material from the

 

highway and in other operations designed to control ice and snow,

 

or engaged in other non-winter operations. This subdivision does

 

not prohibit the use of a flashing, rotating, or oscillating green

 

light by a fire service.

 

     (e) A vehicle used for the cleanup of spills or a necessary

 

emergency response action taken pursuant to state or federal law or

a vehicle operated by an employee of the department of natural

 

resources or the department of environmental quality that responds

 

to a spill, emergency response action, complaint, or compliance

 

activity may be equipped with flashing, rotating, or oscillating

 

amber or green lights. The lights described in this subdivision

 

shall not be activated unless the vehicle is at the scene of a

 

spill, emergency response action, complaint, or compliance

 

activity. This subdivision does not prohibit the use of a flashing,

 

rotating, or oscillating green light by a fire service.

 

     (f) A vehicle to perform public utility service, a vehicle

 

owned or leased by and licensed as a business for use in the

 

collection and hauling of refuse, an automobile service car or

 

wrecker, a vehicle engaged in authorized highway repair or

 

maintenance, a vehicle of a peace officer, a vehicle operated by a

 

rural letter carrier or a person under contract to deliver

 

newspapers or other publications by motor route, a vehicle utilized

 

for snow or ice removal under section 682c, a private security

 

guard vehicle as authorized in subsection (7), a motor vehicle

 

while engaged in escorting or transporting an oversize load that

 

has been issued a permit by the state transportation department or

 

a local authority with respect to highways under its jurisdiction,

 

a vehicle owned by the national guard or a United States military

 

vehicle while traveling under the appropriate recognized military

 

authority, a motor vehicle while towing an implement of husbandry,

 

or an implement of husbandry may be equipped with flashing,

 

rotating, or oscillating amber lights. However, a wrecker may be

 

equipped with flashing, rotating, or oscillating red lights that

shall be activated only when the wrecker is engaged in removing or

 

assisting a vehicle at the scene of a traffic accident or

 

disablement. The flashing, rotating, or oscillating amber lights

 

shall not be activated except when the warning produced by the

 

lights is required for public safety.

 

     (g) A vehicle engaged in leading or escorting a funeral

 

procession or any vehicle that is part of a funeral procession may

 

be equipped with flashing, rotating, or oscillating purple or amber

 

lights that shall not be activated except during a funeral

 

procession.

 

     (h) An authorized emergency vehicle may display flashing,

 

rotating, or oscillating white lights in conjunction with an

 

authorized emergency light as prescribed in this section.

 

     (i) A private motor vehicle of a physician responding to an

 

emergency call may be equipped with and the physician may use

 

flashing, rotating, or oscillating red lights mounted on the roof

 

section of the vehicle either as a permanent installation or by

 

means of magnets or suction cups and clearly visible in a 360-

 

degree arc from a distance of 500 feet when in use. The physician

 

shall first obtain written authorization from the county sheriff.

 

     (j) A public transit vehicle may be equipped with a flashing,

 

oscillating, or rotating light mounted on the roof of the vehicle

 

approximately 6 feet from the rear of the vehicle that displays a

 

white light to the front, side, and rear of the vehicle, which

 

light may be actuated by the driver for use only in inclement

 

weather such as fog, rain, or snow, when boarding or discharging

 

passengers, from 1/2 hour before sunset until 1/2 hour after

sunrise, or when conditions hinder the visibility of the public

 

transit vehicle. As used in this subdivision, "public transit

 

vehicle" means a motor vehicle, other than a station wagon or

 

passenger van, with a gross vehicle weight rating of more than

 

10,000 pounds.

 

     (k) A person engaged in the manufacture, sale, or repair of

 

flashing, rotating, or oscillating lights governed by this

 

subsection may possess the lights for the purpose of employment,

 

but shall not activate the lights upon the highway unless

 

authorized to do so under subsection (6).

 

     (6) A person shall not sell, loan, or otherwise furnish a

 

flashing, rotating, or oscillating blue or red light designed

 

primarily for installation on an authorized emergency vehicle to a

 

person except a police officer, sheriff, deputy sheriff, authorized

 

physician, volunteer or paid fire fighter, volunteer ambulance

 

driver, licensed ambulance driver or attendant of the state, a

 

county or municipality within the state, a person engaged in the

 

business of operating an ambulance or wrecker service, or a

 

federally recognized nonprofit charitable organization that owns

 

and operates an emergency support vehicle used exclusively for

 

emergencies. This subsection does not prohibit an authorized

 

vehicle, equipped with flashing, rotating, or oscillating blue or

 

red lights, from being operated by a person other than a person

 

described in this section if the person receives authorization to

 

operate the emergency vehicle from a police officer, sheriff,

 

deputy sheriff, authorized physician, volunteer or paid fire

 

fighter, volunteer ambulance driver, licensed ambulance driver or

attendant, a person operating an ambulance or wrecker service, or a

 

federally recognized nonprofit charitable organization that owns

 

and operates an emergency support vehicle used exclusively for

 

emergencies, except that the authorization shall not permit the

 

person to operate lights as described in subsection (5)(a), (b),

 

(c), (i), or (j), or to exercise the privileges described in

 

section 603. A person who operates an authorized emergency vehicle

 

in violation of the terms of an authorization is guilty of a

 

misdemeanor punishable by imprisonment for not more than 90 days or

 

a fine of not more than $100.00, or both.

 

     (7) A private motor vehicle of a security guard agency or

 

alarm company that is licensed under the private security business

 

and security alarm act, 1968 PA 330, MCL 338.1051 to 338.1092, a

 

security guard agency that is licensed under article 14A of the

 

occupational code, 1980 PA 299, MCL 339.1421 to 339.1443, or a

 

system provider that is registered under the security alarm systems

 

act, 2012 PA 580, MCL 338.2181 to 338.2187, may display flashing,

 

rotating, or oscillating amber lights. The flashing, rotating, or

 

oscillating amber lights shall not be activated on a public highway

 

when a vehicle is in motion.

 

     (8) This section does not prohibit, restrict, or limit the use

 

of lights authorized or required under sections 697, 697a, and

 

698a.

 

     (9) A person who operates a vehicle in violation of subsection

 

(1), (2), (3), or (4) is responsible for a civil infraction.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2018.